The tariff classification of one woven fabric, two woven chenille fabrics and two polyester bonded knit pile fabrics, from China and Belgium

N258674 December 18, 2015 CLA-2-54:OT:RR:NC:N3:352 CATEGORY: Classification TARIFF NO.: 5407.93.2090; 5801.36.0020; 6001.92.0030 Mr. Brett Ian Harris Pisani & Roll LLP 1629 K Street NW, Suite 300 Washington, DC 20006 RE: The tariff classification of one woven fabric, two woven chenille fabrics and two polyester bonded knit pile fabrics, from China and Belgium Dear Mr. Harris: In your letter dated October 20, 2014, on behalf of Global Textile Alliance, Inc., you requested a tariff classification ruling. Five samples were submitted with your request. Your correspondence indicates that these products will be imported in widths of 138-148 centimeters and will be used for upholstery. Style SRA Express is a bonded fabric consisting of a woven face fabric laminated to a plain weave backing fabric. The adhesive that bonds these fabrics together is not visible in the cross section. The face fabric resembles a 1970s vintage twill fabric. U. S. Customs and Border Protection (CBP) laboratory analysis finds that the brushed face fabric is of a woven construction other than plain, twill or satin weave, is composed of polyester yarns of different colors (51.6% textured filament and 48.4% staple polyester) and weighs 198.2 g/m2. The plain weave backing fabric is composed wholly of bleached polyester staple yarns and weighs 121.2 g/m2. The bonded fabric weighs a total of 319.4 g/m2. Both fabrics have been brushed, napped or sanded. In your letter you suggest that Style SRA Express be classified as a chenille fabric under 5801.36.0010, Harmonized Tariff Schedule of the United States (HTSUS). However, based on CBP laboratory analysis and visual examination of the sample provided, it has been determined that this fabric does not contain chenille yarns. The applicable subheading for Style SRA Express will be 5407.93.2090, HTSUS, which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404: other woven fabrics: of yarns of different colors: other, other, other, other. The rate of duty will be 12%. Style Fulci is a neutral-colored woven fabric, characterized by the rustic color and texture of the chenille yarns. CBP laboratory analysis finds that this fabric is constructed of three yarns of different colors: one polyester/flax blended warp yarn (39.6%), one polyester/flax blended pick yarn (28.2%) and one polyester chenille pick yarn (32.2%). The overall fiber content by weight is 94.6% polyester and 5.4% flax; the overall weight of the fabric is 338.2 g/m2. Style Graffiti is a rustic-inspired woven fabric of yarns of different colors, containing chenille yarns in the weft direction. CBP laboratory analysis finds that this fabric is of plain weave construction and is composed of 82.6% man-made and 17.4% wool fibers; the overall weight of the fabric is 267.7 g/m2. The applicable subheading for Styles Fulci and Graffiti will be 5801.36.0020, HTSUS, which provides woven pile fabrics and chenille fabrics, other than fabrics of heading 5802 or 5806: of man-made fibers: chenille fabrics, other. The rate of duty will be 9.8% ad valorem. Style Aerosmith is a bonded fabric consisting of a knit face fabric laminated to a knit backing fabric. The surface fabric is characterized by its unique plush reptilian design. CBP laboratory analysis finds that the dyed face fabric is composed wholly of polyester yarns, is of warp knit cut pile construction with 20.2 stitches per centimeter in the vertical direction, and weighs 248.6 g/m2. The unbleached polyester backing fabric is of weft knit sinker loop brushed pile construction and weighs 199 g/m2. The overall weight of the bonded fabric is 450.6 g/m2. Style SRA Speedway is a bonded fabric consisting of a knit face fabric laminated to a woven backing fabric. The face fabric is characterized by a soft thick linear pattern, resembling a wide-wale corduroy. CBP laboratory analysis indicates that the face fabric is composed wholly of polyester, weighs 264. 9 g/m2, and is of warp knit cut pile construction, containing 23 stitches per centimeter in the vertical direction. The bleached plain weave backing fabric is composed wholly of polyester weighs 105.3 g/m2. In your letter you suggest classification of Styles Aerosmith and SRA Speedway under subheading 6001.92.0040. However, Statistical Note 1 to Chapter 60, Harmonized Tariff Schedule of the United States (HTSUS), states that “For purposes of statistical reporting numbers 6001.92.0010 and 6001.92.0030, the term ‘velour’ refers to fabrics containing 12 or more stitches per centimeter in the vertical direction. Since these knit pile fabrics contain 20 to 23 stitches per centimeter in the vertical direction, these fabrics would be considered velour. The applicable subheading for Styles Aerosmith and SRA Speedway will be 6001.92.0030, HTSUS, which provides for pile fabrics, including “long pile” fabrics and terry fabrics, knitted or crocheted: other: of man-made fibers, other, velour. The rate of duty will be 17.2% ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by Customs. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Maribeth Dunajski at maribeth.dunajski @ cbp.dhs.gov. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division